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Level 3
March 15, 2023
Question

Form 1065 Form 8825 showing up as non-passive

  • March 15, 2023
  • 2 replies
  • 26 views

Partnership has two rental real estate activities.  Both are passive activities.  One is a net loss this year, the other has net income.  Neither have the box checked for "property is not a passive activity".  Both are marked for not being a qualified business. 

Other than the income and expense figures, the inputs are identical; however, the first one (loss) is showing up on K-1 as Passive and the second is showing as Non-Passive (this is on a "Supplemental Information" page 2 attachment to the K-1).  I can't see any way to make it say Passive.  From what I read, passive should be the default...

ETA if I put in an amount to make the second one a loss, it changes to Passive.  Why isn't it defaulting to passive regardless?

ETA I see others have posted on this issue and no solution.  This is happening on all our similar partnerships.  Lacerte need to fix this?  In the meantime, I presume the partners can report it as passive income?

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2 replies

PhoebeRoberts
Intuit Community Champion
March 15, 2023

Self-rental?

sjrcpa
Level 15
March 15, 2023

Or land rental?

The more I know the more I don’t know.
bjscheelAuthor
Level 3
March 16, 2023

Farm rent.

Nothing I do changes it other than if it is a loss, it marks it passive and if it is income, it marks it non passive.

PhoebeRoberts
Intuit Community Champion
March 16, 2023

Reg Sec 1.469-2T(f)(3) applies?